D.A. adopts 'shaming' tactic to fight prostitution

April 29, 2013

Updated Aug. 21, 2013 1:17 p.m.

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District Attorney Tony Rackauckas will begin publicizing the identities of people convicted of buying sex in Orange County. The tactic, known as "shaming," has been used by hundreds of law enforcement agencies across the nation and aims to deter prostitution by increasing its customers' risk of exposure. FILE: JEBB HARRIS, THE ORANGE COUNTY REGISTER

District Attorney Tony Rackauckas will begin publicizing the identities of people convicted of buying sex in Orange County. The tactic, known as "shaming," has been used by hundreds of law enforcement agencies across the nation and aims to deter prostitution by increasing its customers' risk of exposure. FILE: JEBB HARRIS, THE ORANGE COUNTY REGISTER

As part of a new effort to fight prostitution across the county, District Attorney Tony Rackauckas plans to start publicizing the names of its convicted customers.

The tactic, known as "shaming," has been used by hundreds of law enforcement agencies across the nation and aims to deter prostitution by increasing customers' risk of public exposure.

In a news release Friday, the District Attorney's Office said the publicity will help send a message to "sex purchasers that they can no longer perpetuate this problem without suffering severe consequences."

"At the very least," Rackauckas said, according to the release, "their partners and wives ought to know these sex purchasers are possibly endangering their health."

Rackauckas' office has typically reserved publicity for the county's most heinous criminals: murderers, gangsters and sex offenders. Buying sex is a misdemeanor and normally results in little jail time.

Even so, Rackauckas called prostitution an increasing problem and described it through the lens of sex trafficking – a common term in law enforcement and nonprofit circles. Sex trafficking is akin to prostitution, with women coerced or forced to have sex with men. By federal definition, any minor involved in prostitution is automatically a victim of sex trafficking.

The amount of sex trafficking in Orange County is unknown. Though the county formed a task force to combat the issue in 2004, it has turned up relatively few cases resulting in convictions. The group says it has assisted more than 300 victims.

Rackauckas' new tactic marks a significant shift in local law-enforcement strategy to address prostitution. Prosecutors have rarely focused on the industry's customers, in part because police have rarely arrested them.

In 2011, for instance, about 75 percent of prostitution-related arrests in the county were of women. Police say women are much easier targets for arrest and generally have more value for gathering criminal intelligence.

Men, who are typically the industry's customers and organizers, accounted for 223 prostitution-related arrests in 2011. This statistic includes those accused of buying, selling or arranging sex.

Criminologists who study prostitution say pressuring customers is a vital part of changing broader community behaviors. Prostitution thrives where a low-risk market exists for it, experts say.

Some law enforcement agencies across the country have come under fire for publicizing customers' identities, mainly out of concern for due process or privacy. Rackauckas' approach, however, will avoid one common criticism.

Some agencies have publicized anyone arrested on suspicion of engaging in prostitution, possibly affecting their right to a fair trial. Orange County's list will only include the convicted.

Michael Guisti, a local attorney whose client list typically includes several prostitution customers at any given time, was skeptical of the effort. He argued it would further punish the convicted but not really deter others.

Research on the effectiveness of shaming is primarily anecdotal but tends to support the idea of deterrence, according to a January 2012 review commissioned by the U.S. Department of Justice. The review concluded the tactic might be effective.

Announcing the tactic Friday, the District Attorney's Office did not say how much information would be published about each person or when the new policy would take effect. Chief of Staff Susan Schroeder declined to comment.

Rackauckas said his office will also form a three-person special unit to prosecute human- or sex-trafficking cases, raise public awareness and connect victims with resources.

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